This order details the revision of seniority and year of allotment for IAS officers of the Jammu and Kashmir cadre, following court decisions and departmental orders. It addresses the application of amended seniority regulations, particularly concerning officers appointed between 2008 and 2011. The document outlines the weightage given to years of service and clarifies the placement of officers within seniority lists, referencing specific court cases and previous orders. It supersedes earlier orders and is subject to any pending court decisions. The order also includes instructions for transmission to relevant authorities and uploading to the Department of Personnel and Training (DoPT) website.
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No.14014/17/2005-AIS-1
Government of India
Ministry of Personnel, Public Grievances \& Pensions
(Department of Personnel \& Training)
North Block, New Delhi
Dated 08.02.2018
ORDER
Whereas, this Department in the wake of Hon’ble High Court of Punjab and Haryana order dated 01.02.2010 in CWP No.15798/2009 in the case of Praveen Kumar, an State Civil Service officer of Punjab cadre Vs Union of India and as confirmed by Hon’ble Supreme Court, issued notification dated 18.4.2012 for making amendment in the respective seniority regulations for IAS/IPS/IFoS. These amendments were however made applicable to the Select Lists prepared as per the ratio laid down in the case of Praveen Kumar and accordingly, seniority/year of allotment of the officers included in the said Select Lists were determined as per the amended seniority regulations.
2. And whereas consequent upon dismissal of SLP No.4930-4931 of 2016 and Review Petition No. 001428 -001429/2017 filed by DoPT in the case of F.R. Jamadar and other connected court cases filed by the Ministry of Home Affairs viz. CA No. 4419 of 2016 -UOI Vs Kailash Chandra Agarwal \& Ors, CA No. 8199 of 2016 -UOI Vs Arvind Kumar Sharda \& Ors, CA No. 8200 of 2016 -UOI Vs Keval Krishna Indoria \& Ors, CA No. 1396 of 2016 -UOI Vs R.A. Sanjeev and WP (C) No. 301 of 2016 -N.K.S. Chauhan Vs UOI, this Department vide OM No. No.14014/14/2014-AIS-I dated 21.8.2017 has decided to apply the amended seniority regulations prospectively i.e. w.e.f. 18.04 .2012 .
3. And whereas, this Department vide OM No.14014/14/2014-AIS-I dated 03.11.2017 has decided that Seniority/year of allotment of officer appointed after 18.4.2012 against the vacancies arisen between 1.2.2010 to 18.4.2012 may be fixed as per pre-amended seniority rules throughout the Cadres.
4. And whereas, further, this Department vide OM No.14014/14/2014-AIS-I dated 22.01.2018 has also decided to count the service of the officer rendered in the rank of Deputy Collector or equivalent upto the 31st December of the vacancy year against which he has been appointed to the IAS.
5. And therefore, the seniority /year of allotment of officers appointed by promotion to IAS of Jammu and Kashmir cadre from Select List 2008-A, 2009, 2010 and 2011 notified during the period from 1.2.2010 to 18.4.2012/ prepared against the vacancies arisen during the said period have been reviewed and re-determined by applying pre-amended seniority rule 3 (3)(ii) of IAS (Regulation of Seniority) Rules, 1987 read with clarification dated 21.08.2017, 03.11.2017 and 22.01.2018 as under:
| Completed years of qualifying service | Weightage in years | |||
|---|---|---|---|---|
| 12 | 4 | |||
| 15 | 5 | |||
| 18 | 6 | |||
| 21 | 7 | |||
| 23 | 8 | |||
| 25 | 9 | |||
| 27 | 10(Maximum) |
Page 1 of 7
# Since, retired.
- Seniority/year of allotment of officer mentioned at SI. No. 1 in the Select List of 2008-A has been restricted under provisions of the rule 3(3)(ii) of IAS(Regulation of Seniority ) Rules, 1987 which provide that an officer shall not be assigned year of allotment earlier than year of allotment assigned to other officer senior to him in that Select List or appointed on the basis of earlier Select List.
6.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose name has been mentioned at SI. No. 1 to 4 of the select list of 2008-A shall be placed below Shri Shahid Anayatullah, the junior most promotee IAS officer of 2000 batch (SL of 2008) and above Dr. Mandeep K Bhandari, senior most RR IAS officer of 2001 batch J\&K Cadre.
| No. | Name of the Officer (S/Shri/Smt) | Date from which holding rank not below that of Dy. Collector in SCS or equivalent | Completed year of service rendered in the rank not below that of Deputy Collector or equivalent upto the 31st December of the year for which the meeting of the committee to make selection was held to prepare the Select List on the basis of which the said officer(s) were appointed to IAS (Fractions if any, are to be ignored) | Total weightage in years in terms of the IAS (Regulation of Seniority) Rules 1987 as amended from time to time, till date | Year of allotment entitled | Name, year of SL and YOA of the officer in PD (SCS) immediately senior to the one whose name is in column no. 02 | Year of allotment assigned |
|---|---|---|---|---|---|---|---|
| 1 | Mehraj Ahmad Kakroo # | 21.02.1984 | 25 | 9 | 2000 | Shri Sudarshan Sharma allotted 2000 batch on the basis of SL of 2008-A | 2000 |
| 2 | Satesh Nehru # | 21.02.1984 | 25 | 9 | 2000 | As at S. No. 01 in column no. 2 | 2000 |
| 3 | Parvez Ahmad Malik # | 21.02.1984 | 25 | 9 | 2000 | As at S. No. 02 in column no. 2 | 2000 |
| 4 | Anal Kumar Gupta # | 21.02.1984 | 25 | 9 | 2000 | As at S. No. 03 in column no. 2 | 2000 |
| 5 | Baseer Ahmad Khan | 21.02.1984 | 25 | 9 | 2000 | As at S. No. 04 in column no. 2 | 2000 |
| 6 | Raj Kumar Bhagat | 21.02.1984 | 25 | 9 | 2000 | As at S. No. 05 in column no. 2 | 2000 |
| 7 | Abdul Majid Mir # | 21.02.1984 | 25 | 9 | 2000 | As at S. No. 06 in column no. 2 | 2000 |
| 8 | Mrs. Nirmal Sharma | 21.02.1984 | 25 | 9 | 2000 | As at S. No. 07 in column no. 2 | 2000 |
| 9 | Shafat Noor Barlas # |
21.02.1984 | 25 | 9 | 2000 | As at S. No. 08 in column no. 2 | 2000 |
| 10 | Abdul Latief Deva # | 21.02.1984 | 25 | 9 | 2000 | As at S. No. 09 in column no. 2 | 2000 |
| 11 | Ramesh Kumar Koul # | 21.02.1984 | 25 | 9 | 2000 | As at S. No. 10 in column no. 2 |
2000 |
| 12 | Khurshid Ahmad Shah | 21.02.1984 | 25 | 9 | 2000 | As at S. No. 11 in column no. 2 |
2000 |
| 13 | Mohmmad Sharif Sood (ST) # | 21.02.1984 | 25 | 9 | 2000 | As at S. No. 12 in column no. 2 |
2000 |
| 14 | Zaffar Ahmad Bhat | 21.02.1984 | 25 | 9 | 2000 | As at S. No. 13 in column no. 2 |
2000 |
| 15 | Abdul Maajid Ganai # | 21.02.1984 | 25 | 9 | 2000 | As at S. No. 14 in column no. 2 |
2000 |
# Since, retired.
7.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose name has been mentioned at SI. No. 1 to 15 of the select list of 2009 shall be placed below Shri Sudarshan Sharma, the junior most promotee IAS officer of 2000 batch (SL of 2008-A) and above Dr. Mandeep K Bhandari, the senior most RR IAS officer of 2001 batch of J\&K Cadre.
Since, retired.
8.1
As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose name has been mentioned at SI. No. 1 to 5 of the select list of 2010 shall be placed below Shri Sanjeev Verma, the junior most RR IAS officer of 2001 batch and above Shri Saurabh Bhagat, the senior most RR IAS officer of 2002 batch of J\&K Cadre.
# since, retired.
9.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose name has been mentioned at SI. No. 1 to 5 of the select list of 2011 shall be placed below Shri Kifayat Hussain Rizvi, the junior most promotee IAS officer of 2001 batch and above Shri Saurabh Bhagat, the senior most RR IAS officer of 2002 batch of J\&K Cadre.
- This issues with the approval of Secretary (P) in supersession of this Department’s Order of even number dated 25.04.2012 and 23.02.2014.
- This is subject to outcome of any court case pending in any court of law.
Ordered accordingly.
(Udai Bhan Singh)
Under Secretary to the Government of India
Tel:23094142
Copy to:-
- The Chief Secretary, Government of Jammu and Kashmir, Srinagar with sufficient copies for onward transmission to the officer concerned. It is also requested that necessary steps may be taken to withdraw all the cases on the similar issue pending in any court of law.
- The Accountant General, Government of Jammu and Kashmir, Sri Nagar.
- US(S-I)/AIS (III)
- EO (PR)/RO (CM)
5 NIC, for uploading on DOPT’s website.